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Bombay High CourtAPPLN/2163/2025application allowed

Mustafa Ahmed Aqeel Ahmed v. The State Of Maharashtra And Another

2025-11-21Hon'Ble Smt. Justice Vibha Kankanwadi,Hon'Ble Shri Justice Hiten S. Venegavkar4 pages

2025:BHC-AUG:32993-DB IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2163 OF 2025 Mustafa Ahmed S/o Aqeel Ahmed, Age-24 years, Occu:Business, R/o-H. No.1-2-13, Bukkul Guda, Shahgunj, Aurangabad, Taluka and District-Aurangabad.

...APPLICANT

VERSUS

1) The State of Maharashtra, Through Begumpura Police Station, Chhatrapati Sambhajinagar, Taluka and District-Chhatrapati Sambhajinagar,

2) Shaikh Mohammad Mustafa S/o Shaikh Moiz, Age-14 years, (Minor Under Guardian of Father), Shaikh Moiz S/o Shaikh Moin, Age-39 years, Occu:Business, R/o-Galli No.13, Asefiya Colony, Near Asefiya Masjid, Aurangabad, Taluka and District-Aurangabad.

...RESPONDENTS ...

Mr. G.R. Syed Advocate for Applicant.

Mr. Abjhijeet M. Phule, A.P.P. for Respondent No.1. Mr. Rahil R. Kazi Advocate for Respondent No.2. ...

CORAM: SMT. VIBHA KANKANWADI AND HITEN S. VENEGAVKAR, JJ.

DATE : 21st NOVEMBER, 2025

ORDER [PER SMT. VIBHA KANKANWADI, J.] :

1.

Present Application has been filed for quashing the First Information Report (for short "the FIR") vide Crime No. 80 of 2025 registered with Begumpura Police Station, Chhatrapati Sambhajinagar, Taluka and District- Chhatrapati Sambhajinagar, on 13th April 2025 for the offence punishable under Section 109 of the Bharatiya Nyaya Sanhita and the further proceedings, if any, arising out of the same.

2.

Heard learned Advocate Mr. Syed for the applicant, learned APP Mr. Phule for respondent No.1 and learned Advocate Mr. Kazi for respondent No.2.

3.

Learned Advocate appearing for the applicant and learned Advocate appearing for respondent No.2 submits that during the pendency of the application, the parties have amicable settled their dispute.

4.

The parties have arrived at the compromise and compromise terms have been filed. The terms of compromise are got verified by the learned Registrar (Judicial), who then

submitted report on 13th August 2025. It has been stated in the compromise, that with the intervention of the family members and well-wishers, both the parties have amicably resolved all disputes and misunderstandings between them. Both the parties desire to put an end to all criminal litigations and wish to live in peace and harmony. Taking into consideration the terms of compromise, we find that this is a fit case where we should exercise our powers under Section 528 of the Bharatiya Nagarik Suraksha Sanhita for quashing the First Information Report and further proceedings, if any. However, since the entire machinery has been utilized, we impose costs. Hence the following order:-

O R D E R

(I) The Application stands allowed.

(II) The First Information Report vide Crime No. 80 of 2025 registered with Begumpura Police Station, Chhatrapati Sambhajinagar, Taluka and District- Chhatrapati Sambhajinagar, on 13th April 2025, for the offence punishable under Section 109 of the Bharatiya Nyaya Sanhita and the further proceedings, if any, arising out of the same, stands

quashed and set aside as against applicant - Mustafa Ahmed S/o Aqeel Ahmed.

(III) The applicant to deposit cost of Rs.25,000/-, with the High Court Legal Services Sub Committee, Aurangabad, on or before 22nd December, 2025. (IV) Place the matter for compliance on 9th January 2026.

[HITEN S. VENEGAVKAR] [SMT. VIBHA KANKANWADI] JUDGE JUDGE asb/NOV25